TRANSITION AUTHORITY P.O. BOX 10736-00100 NAIROBI TENDER NO.TA/04/2014-2015 PRE-QUALIFICATION/REGISTRATION OF SUPPLIERS FY-2014-2015 CATEGORY NO: 7 SUPPLY OF AIRTIME/CALLING CARDS RECEIPT NO: ………………. Table of Contents INTRODUCTION ……………………………………… Page 3 Invitation for prequalification ……………... 4 SECTION II - Instructions to Candidates…………………... Appendix to Instructions to Candidates. 5 SECTION III - Letter of application SECTION IV - Pre-qualification Data Instruction/Forms………… SECTION I - PQ1 prequalification Requisites……………….. PQ2 Organisation Details ……………………….. PQ3 Financial Position ………………………… PQ4 Past Experience ………………………….. PQ5 Sworn Statement……………………………. PQ6 Confidential Business Questionnaires…………. PQ 7 Litigation History …………………….. Letter of Notification of Award …………………….. Request for Review Form…………………………. 2 INTRODUCTION 1.1 This standard procurement prequalification document has been prepared for use by the procuring entities in Kenya and is intended for use in prequalifying candidates wishing to tender for goods and services It may also be used by a procuring entity for the purpose of registration of candidates. 1.2 The standard document includes a form for invitation for prequalification, instructions to candidates and a letter of application with attached forms for candidates to complete. 1.3 The following directions should be observed when using the standard procurement prequalification document. 1.4 (a) The forms will require adaptation to suit the requirement of each proposed procurement (b) Specific details, such as the names of the procuring entity should be furnished in the spaces indicated in the text. (c) The instructions to candidates should basically remain unchanged. Any necessary amendments to any clause or additions should be made through Appendix to instructions to candidates. The notes in the text of the prequalification documents are meant to assist the procuring entity in the preparation of the document. They are not part of the prequalification document and should therefore be deleted as the document is prepared. 1.5 The Invitation for prequalification shall be issued as an advertisement in accordance with the regulations or a letter of invitation address to candidates who have expressed interest following the invitation for expression of interest for which the invitation is issued. 3 SECTION I - INVITATION FOR PREQUALIFICATION (IFQ) Category: ………………………………………………… Name: …….….…………………………………………. The Chief Executive Officer, Transition Authority intends to prequalify candidates for the supply of the under listed goods and services for the period ending 30th June 2015. This invitation for prequalification is open to all candidates who are eligible as defined in Kenya’s Public Procurement Law and regulations. 1. 2. Eligible candidates may obtain the prequalification document from the Transition Authority Website (www.transauthority.go.ke) free of charge. Applications for prequalification must be submitted enclosed in plain sealed envelopes marked with the tender name and reference number and deposited in the tender box situated at the 2nd Floor, Extecoms House or to be addressed to The Chief Executive Officer, Transition Authority P O Box 10736-00100 NAIROBI 3. So as to be received on or before 28th Oct, 2014 at 10.00a.m. 4. All candidates whose applications will have been received before the closing date and time will be advised in due course, of the results of their applications. 5. Only candidates prequalified under this prequalification process will be invited to tender. SECTION II - INSTRUCTIONS TO CANDIDATES Table of Contents 2.1 Scope of tender 4 2.2 Submission of Applicants 2.3 Eligibility candidates 2.4 Qualification criteria 2.5 Public sector companies 2.6 Conflict of interest 2.7 Updating prequalification information SECTION II 2.1 INSTRUCTIONS TO CANDIDATES Scope of Tender 2.1.1 The Chief Executive Officer, Transition Authority hereinafter referred to as the procuring entity intends to prequalify candidates supply/provision of various 5 categories of goods and services. It is expected that prequalification applications will be submitted to be received by the procuring entity not later than 28th Oct, 2014 at 10.00a.m. 2.1.2 Prequalification is open to eligible firms as indicated to ITC 2.3 2.2 Submission of Application 2.2.1 Applications for prequalification shall be submitted in sealed envelopes marked with the tender name and reference number and deposited in the tender box 2nd Floor Extelecoms House or to be addressed to the Chief Executive Officer, Transition Authority Po box 10736-00100 NAIROBI so as to be received on or before 28th Oct, 2014 at 10.00a.m 2.2.2 The procuring entity reserves the right to accept or reject late applications. 2.2.3 The name and mailing address of the applicant may be marked on the envelope. 2.2.4 All the information requested for pre qualification shall be provided in the English language. Where information is provided in any other language, it shall be accompanied by a translation of its pertinent parts into English language. The translation will govern and will be used for interpreting the information. 2.2.5 Failure to provide information that is essential for effective evaluation of the applicant’s qualifications or to provide timely clarification or sub substantiation of the information supplied may result in the applicant’s disqualification. 2.2.6 A consultations and clarifications meeting will be held at (place, date and time) at which applicants may request clarifications of the prequalification document. Attendance of this meeting will be voluntary 2.3 Eligible Candidates 2.3.1 This invitation for pre-qualification is open to all candidates who are eligible as defined in Kenya’s Public Procurement Law and regulations and as indicated in the appendix to instructions to candidates. 2.3.2 The procuring entity’s employees, committee members, board members and their relative (spouse and children) are not eligible to participate in the tender unless where specially allowed under section 131 of the Act. 2.3.3 All terms found capable of performing the contract satisfactorily in accordance to the set prequalification criteria shall be prequalified. 2.4 Qualification Criteria 6 2.4.1 Pre-qualification will be based on meeting the minimum requirements to pass in the criteria set as shown in section III . The declaration will be either pass or fail regarding the applicant’s general and particular experience, personnel and equipment capabilities and financial position as demonstrated by the applicant’s response in the forms provided and submitted with the letter of application. The procuring entity reserves the right to waive minor deviations if they do not materially affect the capability of an applicant to perform the contract. 2.5 Public Sector companies 2.6.1 Any public owned enterprise may be eligible to qualify if, in addition to meeting all the above requirements, it is also legally and financially autonomous, it operates under commercial law, and it is not a dependent agency of another public entity. 2.6 Updating Pre-qualification Information 2.8.1 Pre qualified candidates shall be required to update the financial information used for pre qualification at the time of submitting their bids and to confirm their continued compliance with the qualification criteria. APPENDIX TO INSTRUCTIONS TO CANDIDATES The following instructions for the pre qualification of candidates shall supplement, complement or amend the provisions of the instructions to candidates. Where there is a conflict between the provisions of the instructions to candidates and the provisions of the appendix, the provisions of the appendix herein shall prevail over those of the instructions to the candidates. Note:To be completed appropriately by the procuring entity. Reference will be made to the relevant clause of the Instructions to Candidates. SECTION III - SPECIAL CONDITIONS FOR PREQUALIFICATION Table of Contents 1. Letter of Application 2. Pre-qualification Data Instruction/ forms 7 3. Litigation form 4. Letter of Notification SECTION III - LETTER OF APPLICATION Notes on letter of application 1.1 The letter of application will be prepared by the applicant and will follow the form presented herein. 1.2 The letter of application will be prepared on the letterhead paper of the applicant or partner responsible for a joint venture and will include full postal address, telephone numbers, fax number and Email address. 1.3 The letter of application will be signed by duly authorized representatives of the applicant. 1.4 Any clause which does not apply to the applicant in the letter of application herein shall be deleted by the applicant. SECTION III - LETTER OF APPLICATION Date …………………………… To ……………………………………. 8 ……………………………………. ……………………………………. (name and address of the procuring entity) Ladies and/or Gentlemen 1. Being duly authorized to represent and act on behalf of __________ (name of firm) (hereinafter referred to as “the Applicant” ), and having reviewed and fully understood all of the pre qualification information provided, the undersigned hereby apply to be prequalified by yourselves as a bidder for the following contract(s) under (Tender No. and Tender name) Tender number Tender name 1. 2. Attached to this letter are copies of original documents defining (a) the Applicant’s legal status (b) the principal place of business and (c) the place of incorporation (for applicants who are corporations), or the place of registration and the nationality of the owners (for applicants who are partnerships or individually-owned firms). 3. Your Agency and its authorized representatives are hereby authorized to conduct any inquiries or investigations to verify the statements, documents, and information submitted in connection with this application, and to seek clarification from our bankers and clients regarding any financial and technical aspects. This letter of Application will also serve as authorization to any individual or authorized representative of any institution referred to in the supporting information, to provide such information deemed necessary and as requested by yourselves to verify statements and information provided in this application, such as the resources, experience, and competence of the Applicant. 4. Your Agency and its authorized representatives may contact the following persons for further information. General and managerial inquiries Contract 1 Telephone 1 Contract 2 Telephone 2 9 Personnel inquiries Contract 1 Telephone 1 Contract 2 Telephone 2 Technical inquiries Contract 1 Telephone 1 Contract 2 Telephone 2 Financial inquiries Contract 1 Telephone 1 Contract 2 Telephone 2 5. This application is made with the full understanding that: (a) (b) (c) 1. 2. bids by prequalified applicants will be subject to verification of all information submitted for prequalification at the time of bidding. Your Agency reserves the right to:  amend the scope and value of any contracts bid under this project; in such event, bids will only be called from prequalified bidders who meet the revised requirements; and  reject or accept any application, cancel the prequalification process, and reject all applications your Agency shall not be liable for any such actions and shall be under no obligation to inform the Applicant of the grounds for them Appended to this application, we give details of the participation of each party, including capital contribution and profit/loss agreements, in the joint venture or association. We also specify the financial commitment in terms of the percentage of the value of the <each> contract, and the responsibilities for execution of the <each> contract. We confirm that if we bid, that bid, as well as any resulting contract, will be: (a) signed so as to legally bind all partners, jointly and severally; and 10 (b) submitted with a joint venture agreement providing the joint and several liability of all partners in the event the contract is awarded to us. 3. The undersigned declare that the statement made and the information provided in the duly completed application are complete, true, and correct in every detail. Signed Signed Name Name For and on behalf of (name of Applicant or lead partner of a joint venture) For and on behalf of (name of partner) Signed Signed Name Name For and on behalf (name of Partner) For and on behalf of (name of partner) Signed Signed Name Name For and on behalf (name of Partner) For and on behalf of (name of partner) PRE-QUALIFICATION DATA INSTRUCTION/FORMS 3.1 Pre-qualification data forms The attached questionnaire forms PQ-1, PQ-2, PQ-3, PQ-4, PQ-5, PQ-6, PQ-7, are to be completed by prospective supplier/contractors who wish to be pre-qualified for submission of tender for the specified tender lot. 3.1.1 The pre-qualification application forms which are not filled out completely and submitted in the prescribed manner may not be considered. All the documents that form part of the proposal must be written in the English language and in ink. 11 FORM PQ-1 PRE-QUALIFICATION DOCUMENTATION All firms must provide: a) Copies of Certificate of Registration b) Copy of VAT Registration Certificate c) Tax compliance Certificate from Kenya Revenue Authority (failure to produce this certification to prove compliance will lead to automatic disqualification thus no further evaluation of your application.) d) Copies of pin certificates of firm/Company/ Individual ADDITIONAL CONDITIONS/REQUIREMENTS ON PREQUALIFICATION/REGISTRATION OF SUPPLIERS 1. The supplier must be registered with relevant bodies dealing with the product or service where applicable. Attach copies of certificate of registration. 2. The supplier should provide a list of all attached documents. 3. The documents should be numbered in the same sequence as on list (2) for ease of reference. FORM PQ-2 ORGANIZATION DETAIL 1. Legal Name of firm……………………………………………….. Post office address……………………………………………………. 12 Street and address…………………………………………………. City………………………………………………………………… Country…………………………………………………………… . Telephone No…………………………………………………….. Person to contact………………………………………………….. Title………………………………………………………………….. 2. Organization & Business Information……………………………………… Managing Director…………………………………………………………….. Secretary……………………………………………………………………. General Manager……………………………………………………………. Tresurer…………………………………………………………………….. Other…………………………………………………………………. 3. Business founded or incorporated……………………………………………. 4. Under present management since……………………………………………… 5. Net worth equivalent Kshs…………………………………………………….. 6. Bank reference and address………………………………………………… 7. Enclose copy of the organization chart of the firm indicating the main fields of activities. FORM PQ – 3 FINANCIAL POSITIONS Attach a copy firms two recent certified financial statement giving summary of assets and current liabilities / or any other financial support. 13 Name of Applicant or partner of a joint venture Banker Name of banker Address of banker …………………………………………………………………. Telephone contact name and title Fax E mail FORM PQ-4 PAST EXPERIENCE NAMES OF APPLICANTS CLIENT S IN THE LAST TWO YEARS 1. i) ii) iii) iv) 2. i) ii) iii) iv) Name of the Client (organization)……………………………………………. Address of client (organization)……………………………………………. Name of contact person at of the Client (organization……………………….. Telephone No. of client……………………………………………………………. Names of 2nd client organization Name of the Client (organization)……………………………………………. Address of client (organization)……………………………………………. Name of contact person at of the Client (organization……………………….. Telephone No. of client………………………………………………… 14 3. Names of 3rd client organization i) Name of the Client (organization)……………………………………………. ii) Address of client (organization)……………………………………………. iii) Name of contact person at of the Client (organization……………………….. iv) Telephone No. of client………………………………………………… 4. Others ………………………………………………………………. Applicants should attach copies of LPOs, LSOs, and contracts. FORM PQ – 5 CONFIDENTIAL BUSINESS QUESTIONNAIRES CONFIDENTIAL BUSINESS QUESTIONNAIRE FORM 15 You are requested to give the particulars indicated in Part 1 and either 2(a), 2(b) or 2 (c ) whichever applied to your type of business You are advised that it is a serious offence to give false information form Part on this Part 1 – General: Business Name ………………………………………………………………………………………………… Location of business premises. ………………………………………………………………………………… Plot No………………………………………………… Street/Road ………………………………………….. Postal Address ……………………….. Tel No. …………………. Fax ………………. E mail ……………. Nature of Business …………………………………………………………………………………………….. Registration Certificate No. ………………………………………………………………………………… Maximum value of business which you can handle at any one time – Kshs. ………………………………… Name of your bankers ……………………………………….. Branch ……………………………………… Part 2 (a) – Sole Proprietor Your name in full …………………………………………………….. Age ……………………….. Nationality ………………………………… Country of origin …………………………………….  Citizenship details …………………………………………………………………………… ……….  Part 2 (b) Partnership Given details of partners as follows: Name Nationality Citizenship Details Shares 1. ……………………………………………………………………………………… 2. ……………………………………………………………………………………… 3. ……………………………………………………………………………………….. 4. ……………………………………………………………………………………….. Part 2 (c ) – Registered Company Private or Public ………………………………………………………………………………………. State the nominal and issued capital of companyNominal Kshs. ……………………………… Issued Kshs. ………………………………… Given details of all directors as follows Name Nationality Citizenship Details Shares 1………………………………………………………………………………………………………… 2. ……………………………………………………………………………………………………….. 3. ……………………………………………………………………………………………………… 4. ……………………………………………………………………………………………………… 5 ………………………………………………………………………………………………………. Date ………………………………………………….. Signature of Candidate ………………………………..  If a Kenya Citizen, indicate under “Citizenship Details” whether by Birth, Naturalization or Registrati FORM PQ- 6 LITIGATION HISTORY Name of Applicant 16 Applicants, including should provide information of any history of litigation or arbitration resulting from contracts executed in the last five years or currently under execution (Instructions to Applicants, para. 4.8). Year Award FOR or AGAINST Applicant Name of client, cause of litigation, and matter in dispute Disputed amount (current value Kshs.) FORM PQ- 7 SWORN STATEMENTS Having studied the pre- qualification information for the above project we/ I hereby state: 17 a. The information furnished in our application is accurate to the best of our knowledge. b. That in case of being pre-qualified we acknowledge that this grants us the right to participate in due time in the submission of a tender or quotation on the basis of provisions in the tender or quotation documents to follow. c. When the call for tender/ quotation is issued the legal technical or financial conditions or the contractual capacity of the firm changes we will come ourselves to inform you and acknowledge your right to review the pre-qualification made. d. We enclose all the required documents and information required for the pre – qualification evaluation. Date………………………………………………………………….. Applicant’s Name………………………………………………………. Represented by………………………………………………………… Signature………………………………………………………………. ( Full name and designation of the person signing and stamp or seal LETTER OF NOTIFICATION OF AWARD Address of Procuring Entity _____________________ 18 _____________________ To: RE: Tender No. Tender Name This is to notify that the contract/s stated below under the above mentioned tender have been awarded to you. 1. Please acknowledge receipt of this letter of notification signifying your acceptance. 2. The contract/contracts shall be signed by the parties within 30 days of the date of this letter but not earlier than 14 days from the date of the letter. 3. You may contact the officer(s) whose particulars appear below on the subject matter of this letter of notification of award. (FULL PARTICULARS) SIGNED FOR ACCOUNTING OFFICER 19